Many thanks. On that basis you have the legal authority to resist the DWPs demand. There is basis in the The State Pension Credit Act 2002 (SPCA 2002) for the DWP to claim back monies they caim have been overpaid however they cannot just demand whatever they want. They must comply with their code of conduct in the way in which they make a demand.
First they should give you a complete breakdown of how they have reached their decision. If you disagree with it you can ask for something called a mandatory reconsideration which you should do as soon as possible once you receive the demand you disagree with. This is a process where a separate usually senior officer will review the decision and either change it or confirm it giving reasons. There is no specific form you have to complete to appeal, you can do so just by writing to the department and asking for one and ideally you will set out the reasons you disagree with the decision and if applicable include any evidence to support your position though this is not necessary.
If you still disagree with the decision following your request for a review, you can refer the matter to a Social Security and Child Support Tribunal which you must usually do within 1 month of the date of the final decision. You can do this by completing the following form:
Often disputes can be settled using the DWPs internal manadatory reconsderation procedure referred to above and / or by requests for further information to explain their decision but referring to a tribunal is a right if that is not possible. If you would like to discuss any of the above steps in more detail, please do come back to me.
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